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SCHEDULE B.
KNOW ALL MEN by these PRESENTS that we, (A. B.), of Victoria, in the Colony of Hongkong, duly appointed
Department, and (C. D.), of
in the
and (E. F.), of are and each and every of us is held and firmly
bound to Her Majesty the QUEEN, in the penal sum of Dollars, Hongkong Currency, to be paid to Her said Majesty, Her Heirs and Successors, for which payment well and truly to be made, we bind ourselves and each of us, and the Heirs, Executors and Administrators of us jointly and severally by these Presents.
Sealed with our Seals and Dated this One thousand Eight hundred and
day of
NOW THE CONDITION of the above written Bond or Obligation is such that if the said (A. B.), shall at all times hereafter whilst he shall continue and be in the service of Her said Majesty as such
or in any other similar relation, well and truly account
for, pay and deliver to Her said Majesty or to such person or persons as shall be duly authorised to receive the same or to whom the same shall belong all such sum or sums of money, securities for money, coin, treasure, receipts, books, documents, goods, wares, merchandises end effects whatsoever which shall or may be placed in the custody or safe-keeping of him the said (A. B.), or which may come into the possession or under the control of any person deputed or employed by the said (A. B.), for or on account or to the use of Her said Majesty, Her Heirs or Successors, AND THAT without any unlawful cancellations, defacements or mutilations, AND ALSO that if the said (A. B.), at all times during his continuance in the service of Her said Majesty shall faithfully, diligently and honestly perform or carry out the duties which may from time to time devolve upon him and in all things demean himself as a true and faithful servant ought to do, THEN the above written Bond or Obligation to be void, or else to remain in full force and virtue.
Signed, Sealed and Delivered
No. 124.
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HARBOUR MASTER TO ACTING COLONIAL SECRETARY.
352
HARBOUR DEPARTMENT, SIR,-In compliance with the instructions contained in your letter of the 1st instant, I have the
HONGKONG, 23rd April, 1881. honour to enclose two bonds duly executed by Messrs. J. P. McEUEN and A. P. GUTTERRES, Collector of Light Dues, and Clerk at the Shipping Office respectively.
I have, &c.,
The Honourable F. STEWART, L.L.D.,
Acting Colonial Secretary, Fe.,
filing
fc.
Submitted.
23rd April, 1881.
Usual course.
(Signed)
H. G. THOMSETT, Harbour Master.
MINUTE BY THE ACTING COLONIAL SECRETARY,
(Signed)
FREDERICK STEWART,
Acting Colonial Secretury.
MINUTE BY HIS EXCELLENCY THE GOVERNOR.
Consult the Attorney General as to the proper steps to be taken, so that the system of securities now being established may be a legal, efficient, and permanent one.
25th April, 1881.
(Signed) J. POPE HENNESSY.
by all three parties in the presence of
A. B. LS
No. 711.
C. D.
LS
E. F.
LS
ACTING COLONIAL SECRETARY TO HARBOUR MASTER.
COLONIAL SECRETARY'S OFFICE,
HONGKONG, 25th April, 1881. SIR, I have the honour, by direction of His Excellency the Governor, to acknowledge the receipt of your letter No. 124 of the 23rd instant, enclosing the two Bonds executed by Mr. J. P. McEUEN and Mr. A. P. GUTTERRES.
I have, &c.,
(Signed)
FREDERICK STEWART,
Acting Colonial Secretary.
OPINION OF THE ATTORNEY GENERAL,
As Mr. SENNA is now interdicted, I do not see that anything can be done in his case. But the Colonial Office regulation 310 appears to direct that all Colonial Officers entrusted with public mouey shall give security to the Crown.
The steps by which this practice should be enforced must, I imagine, be a matter of routine, for the carrying out of which (inasmuch as the Bond is to the Crown) the Colonial Secretary rather than the Head of any Department would seem to be the person properly responsible.
I do not know of any rule according to which the Head of a Department is responsible for the moneys collected through his Department nor of any right that he has to secure himself by taking bonds from his subordinates.
H. G. THOMSETT, Esq., R.N.,
Harbour Muster, &e.
MINUTE BY ACTING COLONIAL SECRETARY.
To the Honourable Attorney General.
(Signed)
FREDERICK STEWART,
Acting Colonial Secretary,
26th April, 1881.
MINUTE BY THE ATTORNEY GENERAL.
The Bonds appear to be in proper form. As to the legality of the system under which these securities are demanded, I think I can add nothing to what I wrote on C.S.O. 119.
3rd January, 1881.
(Signed) E. L. O'MALLEY,
27th April, 1881.
(Signed) E. L. O'MALLEY.